MACHINES

AND APPLIANCES

The law provides a remedy if one is injured from a defective machine or appliance. Machines are required to be designed in compliance with industry recognized standards of care and in conformity with government standards.

Machines, whether in a work setting or at home, may malfunction not because of misuse but because of an inherent product defect. The defect may be the malfunction of a safety feature or the absence of a safety device such as a machine guard. Under certain circumstances machines are required to shut down utilizing a properly functioning interlocking system.

Machines in a commercial setting also have to be properly guarded. The operator of a machine should not be subjected to injury because of the absence of a safety device. An appliance, if used in the manner intended, should not, if properly designed, malfunction and subject one to avoidable harm. Machine and appliance parts should not fail if the product is used as foreseen. Machines and appliances should be marketed with appropriate warnings alerting intended users to known risks. Sometimes the warnings are inadequate or non-existent.

If a machine or appliance fails and causes injury it is vital that the product be preserved and not discarded. This will allow an engineer or safety expert to inspect the equipment, machine or appliance and determine how and why the injury occurred and whether the injury arose from an inherent product defect or a failure to adequately warn. An inherent product defect often can be a defective part or improper system or the absence of adequate warnings. If a product fails causing serious injury at a worksite, the Federal Occupational Health and Safety Administration if not immediately notified by the employer should be contacted by the injured party’s attorney.

Fellows Hymowitz Can Help

Whether you are injured from the malfunction of a household appliance, a machine at work, whether in a factory or at a construction site, it is vital to have the matter investigated as soon as possible before evidence is discarded. Sometimes injuries from appliances and machines just happen. However, all too often those injuries are avoidable, predictable and preventable and arise from product defects. Remember, the law attaches responsibility for foreseeable defects to not only the manufacturer but also to the product distributor and retailer.

If you have been seriously harmed from a defective machine or appliance, your rights and interests are well served by retaining counsel as soon as possible to determine whether or not you have a viable claim.